Hong Kong Case Law: Decisions & Judgments

Topic

Discovery order compliance

Legal area

Court

30 Jun 2014

CWG v. MH AND OTHERS

Citation

CWG v. MH AND OTHERS
Court

Court of Appeal
Case number

CACV82/2013

The Mother’s prolonged, contumacious and unexplained failure to comply fully with a clear Discovery Order, despite time and assistance and despite there being no appeal against that order, constituted an impediment to the course of justice; because alternative remedies were inappropriate in the circumstances, the court properly exercised its discretion to bar her from being heard on the appeals (Hadkinson order) and to award the Wife costs on the indemnity basis for the Hadkinson application and the Mother’s appeal.
16 May 2014

CWG v. MH AND OTHERS

Citation

CWG v. MH AND OTHERS
Court

Court of First Instance
Case number

HCMP643/2012

The court found that R2 had not complied in full with the Discovery Order as to items 6, 8, 9 and 12 because the affidavits were illusory or showed no evidence of a conscientious effort to obtain and produce documents within R2's power (security agreements, sale documentation for cars and timepieces, and relevant company accounts); therefore the non-compliance stood and costs would follow.
9 Jan 2014

CWG v. MH AND OTHERS

Citation

CWG v. MH AND OTHERS
Court

Court of First Instance
Case number

HCMP2409/2013

Leave to appeal was refused because the 2nd respondent had no reasonable prospect of success, was not an interested party to the stay application, was in contempt for failing to comply with the Discovery Order, a Hadkinson order barring her from being heard until full compliance was properly made, and refusal of leave was justified in the interests of procedural economy and proportionality.

Hong Kong Case Law

CWG v. MH AND OTHERS

CWG v. MH AND OTHERS

CWG v. MH AND OTHERS